Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 7th June, 2016.

Bord na gCon, in exercise of the powers conferred on it by section 37 of the Greyhound Industry Act 1958 , (No. 12 of 1958), and also by sub-section (3) of section 5 of the said Act, hereby makes the following regulations, that is to say:-

1. These regulations may be cited as the Greyhound Trainers’ (Amendment) Regulations, 2016.

2. The Greyhound Trainers’ Regulations, 1961 (S.I. No. 58 of 1961), the Greyhound Trainers’ (Amendment) Regulations, 1989 (S.I. No. 335 of 1989) and these regulations may be cited together as the Greyhound Trainers’ Regulations, 1961 to 2016.

3. These regulations shall come into effect on the 8th day of June, 2016.

4. The Greyhound Trainers’ Regulations 1961 are hereby amended by the addition of the following sub-paragraphs to Article 5 of those Regulations:

“(5) An Authorised Officer under the Act or a Control Steward may enter any land or premises used by a licensee in connection with the training of greyhounds (other than any part of land or premises which is a private dwelling) and on entering such land or premises—

(i) inspect the land or premises and their facilities,

(ii) inspect the vehicles or other transport,

(iii) examine, inspect or test any greyhound on the premises, whether or not such greyhound is in training,

(iv) conduct identification checks in relation to any such greyhound,

(v) take such specimens (including blood, urine, faeces, hair, tissue or remains of implants) from any such greyhound,

(vi) examine, inspect, test, or take samples from anything an Authorised Officer or Control Steward believes to be an animal remedy (within the meaning of the Animal Remedies Act 1993 (No. 23 of 1993)) or to be a prohibited substance (within the meaning of the Greyhound Industry (Racing) Regulations, 2007 to 2015), and

(vii) examine any document or device and take extracts from and copies of any such document or any information contained on such device.

(6)(a) Subject to clause (b) of this sub-paragraph, the provisions of sub-articles (3)(a), (3)(b)(in relation to liquid samples), (3A), (3B),

(3C), (4), (7), and (8) of Article 29 of the Greyhound Industry (Racing) Regulations, 2007 to 2015 shall apply in relation to any sample taken from a greyhound in accordance with sub-paragraph 5 of this Article and in relation to any owner or trainer of such greyhound or their agent.

(b) Notwithstanding clause (a) of this sub-paragraph, sub-articles (3B), (3C), (4), (7), and (8) of Article 29 of the Greyhound Industry (Racing) Regulations, 2007 to 2015 shall not apply in relation to any substance (other than an anabolic steroid) which has been lawfully administered to a greyhound for bona-fide therapeutic purposes, proof of which shall lie on the owner or trainer of such greyhound or their agent, and the result of any test on any such sample as regards any such substance shall not be regarded as an adverse analytical finding for the purposes of those sub-articles.

(c) For the purposes of clause (b) of this sub-paragraph a substance which is an animal remedy within the meaning of the European Communities (Animal Remedies) (No.2) Regulations 2007 ( S.I. No. 786 of 2007 ) shall be regarded as having been lawfully administered to a greyhound only if it has been administered in compliance with the provisions of Part VI of those regulations.

(7) A person shall not hinder or otherwise obstruct an Authorised Officer or a Control Steward when the Authorised Officer or the Control Steward is exercising the powers granted to him or her under this Article.

(8)(a) Sub-paragraph (5) of this regulation shall be construed and have effect as if it were a condition of any licence granted under these regulations.

(b) Without prejudice to Section 37(3) of the Act or to sub-paragraph (7) of this Article, a person who is a licensee under these regulations and who hinders or otherwise obstructs an Authorised Officer or a Control Steward when the Authorised Officer or the Control Steward is exercising the powers granted to him or her under this Article shall be taken to have contravened a requirement imposed upon him or her by the licence.”

GIVEN under the Seal of Bord na gCon,

25 May 2016.

PHILIP MEANEY,

Chairman of the Board.

GERALDINE LARKIN,

Chief Executive of the Board. an Officer Authorised by the Board to Authenticate the Seal of the Board.

An officer authorised by the Board to authenticate the Seal of the Board

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation)

The effect of these regulations is to give Authorised Officers and Control Stewards the power to enter and inspect the land, premises, vehicles and other transport of persons who are licensees under the Regulations, to examine, inspect, test, and take samples from greyhounds, substances, documents and other things which they find therein, to submit any samples for analysis and to take action where necessary in relation to adverse analytical findings.